Gloria of the House of Paet v. James et al

Filing 4

DEFICIENCY ORDER 1 . Signed by JUDGE DERRICK K. WATSON on 11/5/2014. IT IS HEREBY ORDERED that: 1. The Clerk of Court is DIRECTED to send Plaintiff a copy of this Order and the Court's Application to Proceed in for ma pauperis with the accompanying information sheet. 2. Plaintiff is GRANTED until December 1, 2014 to (a) pay the filing fee; (b) file a Notice of Withdrawal of this action and obtain reimbursement of the $46 from the Clerk& #039;s Office; or (c) submit a fully-completed and executed application to proceed in forma pauperis on the form provided by the Court with this Order. The application must bear the docket number (Civil No. 14-00503 DKW-RLP) assigned to th is case. 3. Failure to timely file an in forma pauperis application, file a Notice of Withdrawal, or to pay the statutory filing fee ($354) by December 1, 2014 will result in AUTOMATIC DISMISSAL of this action. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry this order and an "Application to Proceed in forma pauperis".

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI`I

GLORIA OF THE HOUSE OF PAET,
AS THE UNITED STATES IN REM,
ET AL. LIBERTAS,

CIVIL NO. 14-00503 DKW-RLP

DEFICIENCY ORDER
Plaintiff,
vs.
CAROL JAMES, AN INDIVIDUAL
AND AS CITIZEN OF THE UNITED
STATES, INC.; WILLIAM JAMES II,
AN INDIVIDUAL AND AS CITIZEN
OF THE UNITED STATES, INC.; KA
TUMATU, AN INDIVIDUAL, ET AL.,
Defendants.

DEFICIENCY ORDER
Plaintiff Gloria of the House of Paet (“Plaintiff”), proceeding pro se, has filed
a new action entitled Admissions Statement re: Indictment for Conspiracy and
Deprivation (“Admissions Statement”). The Admissions Statement was filed as a
miscellaneous case and Plaintiff paid the $46 filing fee. The Court has converted
the miscellaneous case to a civil case. The new case number is Civ. No. 14-00503
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DKW-RLP.

All future filings shall reflect the new case number.

All parties instituting any civil action, suit or proceeding in a United States
district court, other than a writ of habeas corpus, must pay a filing fee of $400.00.
See 28 U.S.C. § 1914(a). Due to the prior payment of a $46 miscellaneous filing
fee, Plaintiff’s balance due for the civil filing fee is $354. An action may only
proceed without prepayment of the filing fee if the party is granted leave to proceed
in forma pauperis. 28 U.S.C. § 1915(a); Rodriguez v. Cook, 169 F.3d 1176, 1177
(9th Cir. 1999).
Plaintiff must either pay the statutory filing fee or submit a fully completed
and executed application to proceed in forma pauperis by December 1, 2014.
Failure to do so will result in AUTOMATIC DISMISSAL of this action for failure to
prosecute or otherwise follow a court order. See Fed. R. Civ. P. 41(b); Olivares v.
Marshall, 59 F.3d 109, 112 (9th Cir. 1995) (stating that the district court has
authority to dismiss the complaint for failure to pay partial filing fee); In re
Perroton, 958 F.2d 889, 890 (9th Cir. 1992) (affirming dismissal of appeal of pro se
litigant for failure to pay required filing fees).
Alternatively, Plaintiff may file a Notice of Withdrawal of this action and
obtain reimbursement of the $46 from the Clerk’s Office, which will terminate this
action.
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In determining whether to proceed in this action, Plaintiff is hereby notified
that the Admissions Statement is deficient on its face for several reasons. If
Plaintiff chooses to proceed in this action, Plaintiff must provide a basis for the
Court’s jurisdiction. See 28 U.S.C. §§ 1331 (federal question), 1332 (diversity of
citizenship). Further, even if Plaintiff could establish the Court’s jurisdiction,
Plaintiff does not appear to be asserting any claim for which this Court could provide
relief. See Omar v. Sea-Land Serv., Inc., 813 F.2d 986, 991 (9th Cir. 1987) (“A trial
court may dismiss a claim sua sponte under [Rule] 12(b)(6). Such a dismissal may
be made without notice where the claimant cannot possibly win relief.”).
The Admissions Statement does not assert a claim; rather, it states that:
It has been determined that Carol James; William James II;
Candace Arnold, individual(s) and Citizen(s) of the United
States Inc., has maintained Contempt of Court by variance on
deceit to facilitate Racketeering Activity and actively assisting
Ben Summit, a privateer, in the continuance of Criminal
Enterprise.
Carol James has taken upon herself to determine legal matters
concerning this estate property and became actively participant
to assist one Ben Summit, a privateer for the theft of property.
Additional evidence including declaration(s) and statement(s)
from witnesses, a letter from William James II, and notices
served to Carol, William, Ka and Luther for the chance of
averment will be filed for evidentiary purposes for Civil and/or
Criminal Prosecution as per Title 18, 241 and 242, and Contempt
of Court.
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Admissions Statement at 2.
This Court lacks jurisdiction to hear allegations of criminal conduct that are
brought by private individuals rather than a governmental agency. See, e.g., United
States v. Nixon, 418 U.S. 683, 693 (1974) (noting that the executive branch has
exclusive authority to decide whether to prosecute a case).
IT IS HEREBY ORDERED that:
1.

The Clerk of Court is DIRECTED to send Plaintiff a copy of this

Order and the Court’s Application to Proceed in forma pauperis with the
accompanying information sheet.
2.

Plaintiff is GRANTED until December 1, 2014 to (a) pay the

filing fee; (b) file a Notice of Withdrawal of this action and obtain reimbursement of
the $46 from the Clerk’s Office; or (c) submit a fully-completed and executed
application to proceed in forma pauperis on the form provided by the Court with this
Order. The application must bear the docket number (Civil No. 14-00503
DKW-RLP) assigned to this case.

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3.

Failure to timely file an in forma pauperis application, file a

Notice of Withdrawal, or to pay the statutory filing fee ($354) by December 1, 2014
will result in AUTOMATIC DISMISSAL of this action.
IT IS SO ORDERED.
DATED: November 5, 2014 at Honolulu, Hawai‘i.

__________________________________________________________________
Gloria House of Paet v. James, et al.; Civil No. 14-00503 DKW-RLP;
DEFICIENCY ORDER

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